Life time and other claims
[ Last Updated 19 August 2008 ]
Manufacturer's Warranty
Manufacturers may choose to provide a limited warranty with their product (referred to under the Consumer Guarantees Act (CGA) as an 'express guarantee'). The CGA says that such warranties must be honoured if given, and provides consumers with a right of redress under the Act if they are not (see s 13).
If, for example, a manufacturer offers a two-year warranty and an energy efficient light bulb does not last two years, a consumer may have claims against the manufacturer under both the CGA and the manufacturer's warranty.
Consumer Guarantees Act (CGA)
Manufacturers have obligations under the CGA, independent of any warranty they may choose to give. Of relevance to your enquiry, is the guarantee under the CGA that goods must be of acceptable quality, meaning they must be:
- fit for purpose
- acceptable in appearance and finish
- free from minor defects
- safe
- durable
The test is what a reasonable person would consider acceptable quality, given the nature of the good, the price paid, any representations made on or about the good and all other relevant circumstances.
Manufacturers cannot contract out of the above quality guarantee - durability under the CGA is not affected, or limited by any warranty period a manufacturer specifies. (Although warranties do sometimes provide a useful starting point for assessing how long a good should reasonably be expected to last.)
Information on the label or packaging of goods informs a consumer's purchasing decision, and in cases like this where a lifespan is specified, will help frame their expectations as to durability.
If the energy efficient light bulbs fail within the five-year period specified on the packaging, consumers may have a right to redress under both the CGA and Fair Trading Act 1986 (FTA). This right may depend on how the representation is framed, e.g. does it unequivocally say the light bulbs 'will last five years', or does it qualify the five-year period with a specified daily usage.
For a copy of the Consumer Guarantees Act 1993 see New Zealand Legislation.
Fair Trading Act
The Fair Trading Act prohibits people in trade from making false or misleading representations in connection with the supply, or promotion of goods and services.
For a copy of the Fair Trading Act 1986 see see New Zealand Legislation
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